Explore the increase in harassment charges as reported by the EEOC.

On May 15, 2024, the United States Equal Employment Opportunity Commission (“EEOC”) released its annual “Enforcement and Litigation Statistics.” This document compiles discrimination and harassment charge data received by the agency between October 1, 2022, and September 30, 2023. The data contained in the EEOC’s report is a valuable asset to organizations seeking information about trends in harassment and discrimination and also provides a snapshot of where things may be headed as we move through fiscal 2024. The data is also of particular interest to harassment analysts because it provides the largest reported sample size of charges in the country and has been indicative of the impact of mandatory training legislation, as well as the effectiveness of employer efforts to combat incidents of harassment and discrimination.

Overall Charges of Harassment up Significantly from Fiscal 2022

Of particular note, the number of harassment charges processed by the agency increased dramatically from 24,430 in fiscal 2022 to 31,354 in fiscal 2023. This number is the highest of the last 14 years and marks a 28% increase in filings between October 1, 2021, and September 30, 2022. Meanwhile, retaliation charges remained high, with 46,047 reported and 56% of all charges processed by the agency containing a retaliation allegation. The statistics show an increase of 8,058 retaliation charges across all discrimination claims from what was reported in fiscal 2022.

The increase in harassment charges and the high percentage of retaliation charges indicate we still have significant room for improvement in empowering our employees to speak up and report their concerns. Given charges are on the uptick, and such a high number of employees feel subjected to retaliation when they do complain, it is likely employers need a greater focus on what managers and supervisors should do when they receive a complaint (listen up) and what employees should feel comfortable doing when they feel the need to raise a concern (speak up).

Overall, the recent annual increases in harassment charges since a drop (likely COVID-related) in fiscal 2020 and 2021 correlate most closely with an increased focus on other organizational education (including DEI messaging with improper focus). In addition to completing mandatory harassment training, employers must improve their overall education programs to include topics such as discrimination, inclusion, speaking up/listening up, respect, and civility, and employee-focused education programs such as mindfulness. Given the increase in charges, it is imperative that employers focus their education platforms beyond compliance and into improving workplace culture to eliminate toxic environments and improve employee receptiveness to training initiatives.

Conclusion

After analyzing the Enforcement and Litigation Statistics, the outlook on workplace harassment is concerning (to say the least). After a trend in the right direction over the past two reports, the fiscal 2023 increases show the critical need for employers to re-focus cultural improvement education and maintain compliance with mandatory and recommended harassment training legislation. Those programs that focus on culture allow employees to take skills away from work, which are a key to employee empowerment and are critical to developing confidence in speaking up and reporting issues. By giving employees the proper voice and confidence in your culture, you will prevent assets, increase retention, and avoid liability.

Syntrio invites your organization to meet with us to see how we can help you improve your workplace culture and meet your goals of limiting the potential for harassment and discrimination. We have developed several products and communication tools to educate your workforce about the need for awareness in each of these areas, as well as the essential nature of a commitment to a positive work environment.